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Florida teens who recorded drowning man will not be charged in his death

Aurongel

Member
Calling the police or jumping in after him certainly wouldn't have averted his fate but this video and their comments during it are a special level of sociopathy that its almost it's own crime. They laugh and mock him especially after he disappears under the surface for the last time. They're clearly not taking any part of it seriously and treat it like some big empathatically detached joke straight through to the very end. Samaritan laws have consequences associated with them as well but their actions here while apparently not criminal, are disgusting and indicative of far worse. If you took these same people and put them in a situation where they easily could have saved someone, I bet the result would be exactly the same.
 

Dude Abides

Banned
Just curious, why are you against good samaritan laws?

People are misusing the term Good Samaritan law. Good Samaritan laws don't require you to help. They just provide that you can't be liable if you do try to help and something goes wrong.

I believe the only state that imposes a duty to help is Wisconsin.
 
this is like sienfeld...only more serious.


tbh...if someone is drowning in a pond in Florida....i'm probably not going any near that waters edge to help....there's a very high chance there is a gator waiting

that said i wouldn't do what these teens did. shoulda called the cops immediately. drowning is not a fun way to go. these bystanders suck.
 

ahoyhoy

Unconfirmed Member
Groups of teenagers were a mistake.

I bet separately they would have offered some kind of aid or at the very least would not have recorded and laughed.
 
Section 2 from Québec's Charter of Human Rights and Freedoms, a quasi-constitutional law:

2. Every human being whose life is in peril has a right to assistance.

Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason.

1975, c. 6, s. 2.

Section 49:

49. Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom.

In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages.

1975, c. 6, s. 49; 1999, c. 40, s. 46.

It should be exported everywhere.
 
The Seinfeld finale sent the main characters to jail for doing this except with a guy being mugged, not drowning. It was called the "Good Samaritan Law", and it clearly does not exist, at least in Florida.

I don't think that's what the Good Samaritan Law covers. It protects someone from liability while trying to help someone. If these little psychos helped and somehow injured the man while attempting to save him, they would be protected from any liability relating to that injury.

Only ten states actually have a "duty to rescue" law in the books, according to this BBC article.

http://www.bbc.com/news/world-us-canada-40680895

The ten states are in this article: http://blogs.findlaw.com/law_and_life/2015/05/in-which-states-do-i-have-a-duty-to-help.html

State Exceptions

However, some states have laws that do impose a duty to assist people in need. These laws do vary from state to state:

Wisconsin -- In Wisconsin, if you know that a crime is being committed, and that a victim has suffered or may suffer bodily harm, you have a duty to call police or provide assistance
Minnesota -- If you are at the scene of an emergency and you know that someone has suffered grave physical harm, or could be hurt, you have a duty to give "reasonable assistance." Reasonable assistance can mean calling or attempting to call police or medical personnel.
Rhode Island -- If you know that person is a victim of sexual assault, murder, manslaughter, or armed robbery and you were at the scene of the crime, then you need to report the crime to law enforcement. Failure to do so is punishable by up to six months in jail or a fine of $500 to $1,000.
California -- When you reasonably know or believe that a child under 14 years of age has been a victim of murder, rape, or lewd and lascivious acts, you must notify law enforcement. Failure to do so is excused if you feared for your own safety, or you are related to either the victim or the offender.
Florida -- In Florida, if you witness a sexual battery, you need to immediately report the offense to law enforcement. Violation of this law is a first degree misdemeanor.
Other states that have similar statutes include Ohio, Massachusetts, Vermont, Hawaii, and Washington.

So FL has a "duty to rescue" law, but it only applies to sexual assault apparently.
 

Dali

Member
People are misusing the term Good Samaritan law. Good Samaritan laws don't require you to help. They just provide that you can't be liable if you do try to help and something goes wrong.

I believe the only state that imposes a duty to help is Wisconsin.
I knew what they were from a CPR class. In the event you crack someone's sternum when doing compressions they protect you. I just responded understanding what they were intending to ask.
 

rbanke

Member
I looked for this because my wife was just asking if id heard about it, we live in the next city, such a shitty unavoidable thing. And these these shit heels are 15 minutes from me.

I thought i'd heard about a similar case where despite not having any good samaritan laws, the act of involving themselves was enough to tie their responsibility to the death. I can't remember why I think that though.

I'm getting old, but I can't imagine being young means having the level of disconnect required to just stare at another human being begging for help and not just ignore them but actively taunt them.


People are misusing the term Good Samaritan law. Good Samaritan laws don't require you to help. They just provide that you can't be liable if you do try to help and something goes wrong.

I believe the only state that imposes a duty to help is Wisconsin.

Ah, now that you point it out, yes.

what are the laws relating to being a bystander?
 

Astral Dog

Member
im not going to blame these junkie kids for a kill, just hope at least one of them someday understand the gravity of doing nothing in these situations and grow a conscience.

RIP what a horrible way of leaving the world
 
Total sociopaths.

Trying to save someone from drowning that far from shore would have been difficult but there was more than enough time to call for help. At the very least report it so the family didn't have to wait the 4 or 5 days to find out it what happened to their loved one.

I didn't see it in the article but could they explain what he was doing that far out in the water?
 

kmfdmpig

Member
Section 2 from Québec's Charter of Human Rights and Freedoms, a quasi-constitutional law:



Section 49:



It should be exported everywhere.

While it's a good law it seems unlikely that it would have helped the victim in this case. Trying to aid a drowning man would have put the monsters in danger, so they would not have been legally obliged to help. Calling 911 would have led to someone coming, but it seems very doubtful that they would have arrived in time to help.
 

Tom Nook

Member
I'm furious reading this story.

WHAT
THE
FUCK!

The state of Florida currently does not have a law where a citizen is obligated to render aid or call for help for anyone in distress.

......
 

jph139

Member
The legal question here is whether the law should be used to prevent bad behavior or to encourage good behavior - that's a major philosophical difference. The US has always had a laissez-faire view of government intervention, so I'm not surprised there's a different take in Europe.

Not sure where I come out on it. I think I'm opposed to duty to help laws but it's not a strong conviction.
 

SDCowboy

Member
You know, I'm not particularly a fan of Good Samaritan laws in general, but these kids certainly went above and beyond the call of duty to be complete pieces of human garbage. Making it a crime to not attempt to call emergency services when you have the ability seems like a possible alternative?

I wonder what kind of civil case you could make in these circumstances.

How in the heck can you not be a fan of the good Samaritan law? Do you actually know what the law is?
 
Guns and lawsuits.

Not that I disagree with you that helping someone in distress should be law.
Not sure what part of "call 911" would net you a lawsuit. I get that people have been sued and injured for helping, but you can be 100% not involved by using the phone. You don't have to put your life at risk to help.

Just how shortsighted are folks in this thread that don't understand this? What is so complicated about calling emergency services? Do tell.
 

Shredderi

Member
Jesus....the internet has led to generation of fucking sociopaths.

Yep. I have a hard time disagreeing when I hear older people say that things used to be better in some ways before the internet.

That guy was projecting. Some of us make it a point to help when others are in need.

Oh I believe you. Can't believe how hard some people are fighting against the notion of having to help people who are in immediate danger. If nothing else, just call for help ffs.
 
No better time to change the law then, because these little bastards are responsible for that man bring dead when they could have almost certainly saved him.
 

Mr. Hyde

Member
Am I wrong for hoping that someone will release their name and address?

It will probably infuriate someone enough to eventually out them to the public. I'm not sure about addresses but they will most likely be easily found afterwards. Maybe word of mouth will spread in their town and human decency will outcast them.
 

hirokazu

Member
The family would propably win in civil court if they can get the system to take their case. Plenty of countries have a law that says you have to help people who are in immediate danger, so it's not a very good point to bring up repeatedly (that there seemingly doesn't exist laws like that in general).
They don’t have a good case. All the countries that have duty of rescue laws are civil law countries. It seems pretty well established where the common law position on this issue is.
 

Korgill

Member
While it's a good law it seems unlikely that it would have helped the victim in this case. Trying to aid a drowning man would have put the monsters in danger, so they would not have been legally obliged to help. Calling 911 would have led to someone coming, but it seems very doubtful that they would have arrived in time to help.

But it would have accomplished more vs. just watching. It would also allow the police to charge assholes like these people filming.

Isn't there some kind of obscure snuff film law or similar they could try and charge them with?
 
Freaking kids. I'm furious just thinking about them. Evil, weed addicted, selfish morons. I hope I never see them in real life. I wouldn't be able to hold back my punches if I did.

I feel absolutely terrible for the family. This must be such a horrible outcome for them. I hope they recover from all this one day.




Seriously who doesn't go and help someone in danger?!?!? Who?!
 

Dali

Member
Not sure what part of "call 911" would net you a lawsuit. I get that people have been sued and injured for helping, but you can be 100% not involved by using the phone. You don't have to put your life at risk to help.

Just how shortsighted are folks in this thread that don't understand this? What is so complicated about calling emergency services? Do tell.
I don't want to put any sort of defense forward for these kids but they were smoking weed. This may have factored into their hesitance to call 911. More likely they are just assholes though.
 

_Nemo

Member
I hope each one of these shit stains dies a slow, painful and agonizing death while they scream for help to an empty void.
 

TheOMan

Tagged as I see fit
Not sure what part of "call 911" would net you a lawsuit. I get that people have been sued and injured for helping, but you can be 100% not involved by using the phone. You don't have to put your life at risk to help.

Just how shortsighted are folks in this thread that don't understand this? What is so complicated about calling emergency services? Do tell.

Again, totally agree. Instead of using their phones to call 911, they recorded themselves making fun of man dying. Pretty disgusting.
 
Guns and lawsuits.

Not that I disagree with you that helping someone in distress should be law.

Calling 911 would really have been enough, and I don't see how guns or lawsuits would affect that.

Most laws I and others mention say that you have to try help in a reasonable way. Risking your life isn't reasonable, no. Calling 911 is.

Edit: I see you agreed already, nvm
 
I don't want to put any sort of defense forward for these kids but they were smoking weed. This may have factored into their hesitance to call 911. More likely they are just assholes though.
They were plenty fucking cognizant to what was happening. Did you not at least READ the story?
 

kmfdmpig

Member
That doesn't matter. Calling 911 would have satisfied the obligation.

But it would have accomplished more vs. just watching. It would also allow the police to charge assholes like these people filming.

Isn't there some kind of obscure snuff film law or similar they could try and charge them with?

I agree that they should have called 911, and that in general people should always try to help, even if that just means calling 911.

I don't think that the outcome would have been different for the victim either way, but it's certainly better/more humane and less depressing then having these monsters taunt the victim and cause additional pain to the family.
 

Khaz

Member
The legal question here is whether the law should be used to prevent bad behavior or to encourage good behavior - that's a major philosophical difference. The US has always had a laissez-faire view of government intervention, so I'm not surprised there's a different take in Europe.

Not sure where I come out on it. I think I'm opposed to duty to help laws but it's not a strong conviction.

There are lots of laws in the US made to prevent bad behaviour. Like, it's illegal to rob someone.
 

Fuchsdh

Member
While it's a good law it seems unlikely that it would have helped the victim in this case. Trying to aid a drowning man would have put the monsters in danger, so they would not have been legally obliged to help. Calling 911 would have led to someone coming, but it seems very doubtful that they would have arrived in time to help.
They would at least have found the body immediately instead of five goddamn days later.
 

zeemumu

Member
Filming and taunting a dying man though?

I don't think there's technically any law against it unless you can prove that helping him wouldn't have posed a risk to them or that the cops would've gotten there in time should they have called for help. It's one of those things that you'd think could be avoided with basic human decency.
 

SOLDIER

Member
Reminds me of an episode of Psycho-Pass where a woman is being randomly beaten with a bat in the middle of a crowded street, and all the bystanders just pull out their phones and record the ordeal, remarking how cool it looked.

The worst part is that the writer claimed this scene was based on an incident that happened to his friend in real life.

Even dystopian settings can't hold up anymore, because we're in one now.
 

hirokazu

Member
But it would have accomplished more vs. just watching. It would also allow the police to charge assholes like these people filming.

Isn't there some kind of obscure snuff film law or similar they could try and charge them with?
They didn’t put the man in that position in order to film him die. They just happened to be there, I don’t think that’s illegal. I hav no fucking idea what’s wrong with these kids, but unfortunately they’re just not liable.
 
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